Owner of topless venue claims police harassment, sues city

Pattern alleged; official calls lawsuit 'ludicrous'

OCEANSIDE 
The owner of Oceanside's only topless entertainment venue has sued the city, claiming harassment because of police action against the establishment.

Although the lawsuit is specific to an incident when police closed the club on March 14 last year, it also asserts there's been a pattern of harassment on the city's part.

Gene Edick and his Brogdon Properties Inc., owners of the Main Attraction at 939 N. Coast Highway, filed the lawsuit in San Diego Superior Court last month. The suit alleges trespassing, invasion of privacy and “intentional infliction of emotional distress,” among other complaints.

According to a claim filed earlier with the city, police officers came into the club about 10 p.m. March 14 and locked it down, shutting off the entertainment and closing the bar. The business lost customers as a result of that action, the suit says.

Although the suit does not specify the monetary damages sought, asking only that they be “appropriate,” a claim form filed with the city in July asked for $250,000. The city rejected the claim.

“It's ludicrous,” City Attorney John Mullen said of the lawsuit Friday. “How can you sue us for trespassing when we had a warrant issued by a judge?”

Mullen said the warrant had been obtained after an undercover officer – presumably Brent Keys, also named as a defendant in the lawsuit – bought a prescription drug from a bartender. Mullen said Keys' testimony had prompted the warrant. Keys could not be reached for comment.

The lawsuit calls the search warrant “inadequate and tainted.”

Mullen said the bartender later pleaded guilty to a charge of selling the drug without a prescription.

Edick said he has been advised by his attorney not to talk about the incident or the lawsuit. The lawyer, Joshua Kaplan of Culver City, did not return a call for comment.

The lawsuit says that police officers invaded private quarters and that papers containing trade secrets were strewn about and their information disseminated. It says club owners have a right to the “privileged protection of their dance entertainers and their employees.”

It does not say how long the business was closed by the police, but Mullen said that “it was just a matter of a few hours on one evening.”

He denied the allegation that the city has targeted the club.

“There has not been any harassment,” Mullen said. “The city has never interfered with their legitimate business operation.”

The lawsuit notes three other alleged “overt acts” against the club, culminating with an administrative citation as recently as Dec. 19 for alleged code violations regarding its neon lighting.

Over the years, various city leaders have often mentioned that they wished the club weren't across the street from the California Welcome Center and so visible at the northern entrance to downtown.

In 2002, the City Council got rid of the all-nude Playgirl Club by buying the property and closing the business. The building is now home to the California Surf Museum.